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As Introduced

122nd General Assembly
Regular Session
1997-1998

H. B. No. 219

REPRESENTATIVE REID

A BILL

To amend sections 955.01 and 955.05 and to enact section 955.012
of the Revised Code to authorize the issuance without a fee of
annual registrations for narcotics detector
canines of specified
law enforcement agencies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 955.01 and 955.05 be amended and
section 955.012 of the Revised Code be enacted to read as
follows:

Sec. 955.01. (A)(1) Except as otherwise provided in this
section or in sections 955.011,955.012, and 955.16 of
the
Revised Code, every person who owns, keeps, or harbors a dog more than three
months of age, shall FILE, on or after the first day of the preceding
December but before the twentieth day of January of each year,
file in the office of the county auditor of the county in which
the dog is kept or harbored, an application for registration for
the following year, beginning the twentieth day of January of
that year. The board of county commissioners may, in case of an
emergency, MAY extend the period for filing the application. The
application shall state the age, sex, color, character of hair,
whether short or long, AND breed, if known, OF THE DOG and the
name and address
of the owner of the dog. A registration fee of two dollars for
each dog shall accompany the application, unless a greater fee
has been established under division (A)(2) of this section or
under section 955.14 of the Revised Code.

(2) A board of county commissioners may establish a
registration fee higher than the one provided for in division
(A)(1) of this section for dogs more than nine months of age that
have not been spayed or neutered, except that the higher
registration fee permitted by this division shall not apply if a
person registering a dog furnishes with the application either a
certificate from a licensed veterinarian verifying that the dog
should not be spayed or neutered because of its age or medical
condition or because the dog is used or intended for use for show
or breeding purposes or a certificate from the owner of the dog
declaring that the owner holds a valid hunting license issued by
the division of wildlife of the department of natural resources
and that the dog is used or intended for use for hunting
purposes. If the board establishes such a fee, the application
for registration shall state whether the dog is spayed or
neutered, and whether a licensed veterinarian has certified that
the dog should not be spayed or neutered or the owner has stated
that the dog is used or intended to be used for hunting purposes.
The board may require a person who is registering a spayed or
neutered dog to furnish with the application a certificate from a
licensed veterinarian verifying that the dog is spayed or
neutered. No person shall furnish a certificate under this
division which he THE PERSON knows to be false.

(B) If the application for registration is not filed and
the registration fee paid, on or before the twentieth day of
January of each year or, in case of an emergency, the date
established by the board, the auditor shall assess a penalty in
an amount equal to the registration fee upon the owner, keeper,
or harborer, which must be paid with the registration fee.

Sec. 955.012. (A) AS USED IN THIS
SECTION:

(1) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING AS IN
SECTION 3719.01 OF THE REVISED
CODE.

(2) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY
PATROL, THE OFFICE OF A COUNTY SHERIFF, THE POLICE DEPARTMENT OF
A MUNICIPAL CORPORATION OR TOWNSHIP, OR A TOWNSHIP OR JOINT
TOWNSHIP POLICE DISTRICT.

(3) "NARCOTICS DETECTOR CANINE" MEANS A DOG UTILIZED BY A
LAW ENFORCEMENT AGENCY FOR THE PRIMARY PURPOSE OF DETECTING THE
PRESENCE OF A CONTROLLED SUBSTANCE.

(B) INSTEAD OF OBTAINING
AN ANNUAL REGISTRATION UNDER
SECTION 955.01 OF THE REVISED
CODE, A LAW ENFORCEMENT AGENCY
OWNING, KEEPING, OR HARBORING A NARCOTICS DETECTOR CANINE MAY OBTAIN AN ANNUAL
REGISTRATION FOR THE DOG AS A NARCOTICS DETECTOR CANINE UNDER THIS
SECTION. THE APPLICATION FOR A NARCOTICS DETECTOR CANINE
REGISTRATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE
COUNTY IN WHICH THE CENTRAL OFFICE OF THE LAW ENFORCEMENT AGENCY
THAT OWNS, KEEPS, OR HARBORS THE DOG IS LOCATED, EXCEPT THAT, IN
THE CASE OF A DOG OWNED, KEPT, OR HARBORED BY THE STATE
HIGHWAY PATROL, THE APPLICATION SHALL BE SUBMITTED TO THE COUNTY
AUDITOR OF THE COUNTY IN WHICH IS LOCATED THE STATE
HIGHWAY PATROL POST TO WHICH THE DOG AND ITS HANDLER PRIMARILY ARE ASSIGNED.
THE APPLICATION SHALL BE SUBMITTED ON OR AFTER THE FIRST DAY OF
DECEMBER IMMEDIATELY PRECEDING THE
BEGINNING OF THE REGISTRATION YEAR AND BEFORE THE TWENTIETH DAY OF
JANUARY OF THAT
YEAR. IF THE PERIOD FOR FILING REGISTRATION APPLICATIONS UNDER
DIVISION (A)(1) OF SECTION
955.01 OF THE REVISED
CODE IS EXTENDED IN THE COUNTY
IN WHICH A NARCOTICS DETECTOR CANINE IS TO BE
REGISTERED, AN APPLICATION FOR REGISTRATION UNDER THIS SECTION
SHALL BE SUBMITTED TO THE COUNTY AUDITOR NOT LATER THAN THE
REGISTRATION DEADLINE FOR THAT YEAR, AS SO EXTENDED.

THE APPLICATION FOR REGISTRATION OF A NARCOTICS DETECTOR CANINE SHALL STATE
THE
AGE, SEX, HAIR COLOR, CHARACTER OF HAIR, WHETHER SHORT OR LONG, AND BREED, IF
KNOWN, OF THE DOG, THE NAME AND ADDRESS OF THE OWNER OF THE DOG, AND, IF THE
LAW ENFORCEMENT AGENCY KEEPING OR HARBORING THE DOG IS DIFFERENT FROM THE
OWNER,
THE NAME OF THAT LAW ENFORCEMENT AGENCY. IN THE CASE OF A
DOG OWNED, KEPT, OR HARBORED BY THE POLICE DEPARTMENT OF A
MUNICIPAL CORPORATION OR TOWNSHIP OR BY A TOWNSHIP OR JOINT
TOWNSHIP POLICE DISTRICT, THE APPLICATION SHALL BE SIGNED BY THE
CHIEF OF THE POLICE DEPARTMENT OR DISTRICT. IN THE CASE OF
A DOG OWNED, KEPT, OR HARBORED BY THE OFFICE OF A COUNTY
SHERIFF, THE APPLICATION SHALL BE SIGNED BY THE SHERIFF. IN THE
CASE OF A DOG OWNED, KEPT, OR HARBORED BY THE STATE HIGHWAY
PATROL, THE APPLICATION SHALL BE SIGNED BY THE OFFICER IN CHARGE
OF THE POST OF THE STATE HIGHWAY PATROL TO WHICH THE DOG AND ITS
HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION SHALL INCLUDE A
CERTIFICATION BY THE CHIEF OF THE POLICE DEPARTMENT OR DISTRICT,
SHERIFF, OR OFFICER OF THE STATE HIGHWAY PATROL POST, AS APPLICABLE, THAT
THE DOG DESCRIBED IN THE APPLICATION HAS BEEN PROPERLY TRAINED
TO DETECT ONE OR MORE CONTROLLED SUBSTANCES OR TYPES OR
CATEGORIES OF CONTROLLED SUBSTANCES AND ACTUALLY IS USED PRIMARILY FOR THAT
PURPOSE BY THE LAW ENFORCEMENT AGENCY MAKING THE APPLICATION.

NO FEE IS REQUIRED FOR ISSUANCE OF A NARCOTICS DETECTOR
CANINE REGISTRATION. A CERTIFICATE AND TAG STAMPED
"OHIO
NARCOTICS
DETECTOR
CANINE" SHALL BE ISSUED UPON
REGISTRATION OF A DOG UNDER THIS SECTION. UPON PROPER
PROOF OF LOSS, A DUPLICATE CERTIFICATE AND TAG SHALL BE ISSUED
FOR A DOG REGISTERED UNDER THIS SECTION, AND NO FEE SHALL BE
REQUIRED.

IF AN APPLICATION FOR REGISTRATION OF A NARCOTICS DETECTOR
CANINE IS NOT FILED UNDER THIS SECTION ON OR BEFORE THE
TWENTIETH DAY OF JANUARY OF THE
REGISTRATION YEAR, OR THE EXTENDED REGISTRATION DEADLINE
ESTABLISHED UNDER DIVISION
(A)(1) OF SECTION 955.01 OF THE
REVISED
CODE, AS APPLICABLE, THE
NARCOTICS DETECTOR CANINE SHALL BE REGISTERED UNDER THAT SECTION,
AND THE REGISTRATION AND LATE REGISTRATION PENALTY APPLICABLE
UNDER DIVISIONS (A) AND
(B) OF THAT SECTION SHALL
ACCOMPANY THE APPLICATION.

(C) IF A LAW ENFORCEMENT AGENCY BECOMES THE OWNER, KEEPER, OR
HARBORER OF A NARCOTICS DETECTOR CANINE OR BRINGS A NARCOTICS DETECTOR CANINE
INTO THE STATE AFTER THE TWENTIETH DAY OF JANUARY OF A REGISTRATION
YEAR OR THE EXTENDED REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION
(A)(1) OF SECTION 955.01 of the Revised Code, AS APPLICABLE, THE LAW ENFORCEMENT
AGENCY, WITHIN THIRTY DAYS AFTER BECOMING THE OWNER, KEEPER, OR HARBORER OR
BRINGING THE DOG INTO THE STATE, MAY SUBMIT AN APPLICATION FOR REGISTRATION OF
THE DOG UNDER THIS SECTION. UPON SUBMISSION OF THE APPLICATION, THE LAW
ENFORCEMENT AGENCY SHALL BE ISSUED SUCH A REGISTRATION IN THE MANNER PROVIDED
IN DIVISION (B) OF THIS SECTION. IF SUCH AN APPLICATION IS NOT FILED
WITHIN THE THIRTY-DAY PERIOD, THE DOG SHALL BE REGISTERED UNDER SECTION 955.05
of the Revised Code, AND THE REGISTRATION FEE AND LATE REGISTRATION PENALTY APPLICABLE UNDER
THAT SECTION OR SECTION 955.06 of the Revised Code SHALL ACCOMPANY THE APPLICATION.

Sec. 955.05. After the twentieth day of January of any
year, except as otherwise provided in section 955.012 OR
955.16 of the
Revised Code, every person, immediately upon becoming the owner,
keeper, or harborer of any dog more than three months of age or
brought from outside the state during any year, shall file like
applications, with fees, as required by section 955.01 of the
Revised Code, for registration for the current year. If such
application is not filed and the fee paid, within thirty days
after such dog is acquired, becomes three months of age, or is
brought from outside the state, the auditor shall assess a
penalty in an amount equal to the registration fee upon such
owner, keeper, or harborer, which must be paid with the
registration fee.

Every person becoming the owner of a kennel of dogs after
the twentieth day of January of any year shall file like
applications, with fees, as required by section 955.04 of the
Revised Code, for the registration of such kennel for the current
calendar year. If such application is not filed and the fee paid
within thirty days after the person becomes the owner of such
kennel, the auditor shall assess a penalty in an amount equal to
the registration fee upon the owner of such kennel.

Section 2. That existing sections 955.01 and 955.05 of the Revised Code are
hereby repealed.